STATE OF RAJASTHAN Vs. KHEMKA CEMENT PRIVATE LIMITED

JUDGEMENT

(1.) The appellant had a scheme for giving subsidy for purchase of Diesel Generating set (for short D. G. Set). The subsidy could be upto the extent of 50% of the capital cost of D. G. Set subject to maximum of Rs. 2.50 lacs.

(2.) The scheme which was promulgated on 23rd of February, 1982 was withdrawn by the decision of the State government which was taken on 25th of July, 1985. Retrospective effect was sought to be given to this decision and it was made applicable with effect from 1st of April, 1985.

(3.) The respondent, on 16th of December, 1985 applied for the grant of subsidy. Along with his application, a bill dated 6/04/1985 evidencing the purchase of the D. G. Set was submitted. The appellant herein rejected the claim for subsidy on the ground that the D. G. Set had been purchased after the discontinuance of the scheme. Presumably this view was taken because the appellant considered that the scheme had been withdrawn w. e. f. 1st of April, 1985 and, therefore, purchase of the D. G> set on 6th of April, 1985 would not entitle the respondent to claim the subsidy.